June 9, 2007

Forest City Ratner defends the process, but that's government's job

Atlantic Yards Report

There has been a longstanding Atlantic Terminal Urban Renewal Area that covers a majority of the Atlantic Yards site. On the other hand, as Winston Von Engel of the New York City Department of City Planning said in March, 2006: "We didn't decide to take a look at the yards. They belong to the Long Island Rail Road. They use them heavily. They're critical to their operations. You do things in a step-by-step process."

U.S. District Judge Nicholas G. Garaufis, in his opinion Wednesday dismissing the case, erroneously called the yards "dormant" and neglected to assess the issue of a "comprehensive development plan."

And Andrew Alper, then president of the New York City Economic Development Corporation, told City Council in May 2004, ""So, they came to us, we did not come to them. And it is not really up to us then to go out and find to try to a better deal."

That, according to one analyst, could run afoul of Kelo. But that will be an issue for the appellate court, and the defense will be offered by the Empire State Development Corporation more than by Forest City Ratner.